Illinois Compiled Statutes 740 ILCS 175 Illinois False Claims Act. Section 3

    (740 ILCS 175/3) (from Ch. 127, par. 4103)

    Sec. 3. False claims.

    (a) Liability for certain acts.

        (1) In general, any person who:

            (A) knowingly presents, or causes to be

        presented, a false or fraudulent claim for payment or approval;

            (B) knowingly makes, uses, or causes to be made

        or used, a false record or statement material to a false or fraudulent claim;

            (C) conspires to commit a violation of

        subparagraph (A), (B), (D), (E), (F), or (G);

            (D) has possession, custody, or control of

        property or money used, or to be used, by the State and knowingly delivers, or causes to be delivered, less than all the money or property;

            (E) is authorized to make or deliver a document

        certifying receipt of property used, or to be used, by the State and, intending to defraud the State, makes or delivers the receipt without completely knowing that the information on the receipt is true;


        (F) knowingly buys, or receives as a pledge of an

        obligation or debt, public property from an officer or employee of the State, or a member of the Guard, who lawfully may not sell or pledge property; or

            (G) knowingly makes, uses, or causes to be made

        or used, a false record or statement material to an obligation to pay or transmit money or property to the State, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State,

    is liable to the State for a civil penalty of not less

    than $5,500 and not more than $11,000, plus 3 times the amount of damages which the State sustains because of the act of that person. The penalties in this Section are intended to be remedial rather than punitive, and shall not preclude, nor be precluded by, a criminal prosecution for the same conduct.

        (2) A person violating this subsection shall also be

    liable to the State for the costs of a civil action brought to recover any such penalty or damages.

    (b) Definitions. For purposes of this Section:

        (1) The terms "knowing" and "knowingly":

            (A) mean that a person, with respect to


                (i) has actual knowledge of the information;

                (ii) acts in deliberate ignorance of the

            truth or falsity of the information; or

                (iii) acts in reckless disregard of the truth

            or falsity of the information, and

            (B) require no proof of specific intent to


        (2) The term "claim":

            (A) means any request or demand, whether under a

        contract or otherwise, for money or property and whether or not the State has title to the money or property, that

                (i) is presented to an officer, employee, or

            agent of the State; or

                (ii) is made to a contractor, grantee, or

            other recipient, if the money or property is to be spent or used on the State's behalf or to advance a State program or interest, and if the State:

                    (I) provides or has provided any portion

                of the money or property requested or demanded; or

                    (II) will reimburse such contractor,

                grantee, or other recipient for any portion of the money or property which is requested or demanded; and

            (B) does not include requests or demands for

        money or property that the State has paid to an individual as compensation for State employment or as an income subsidy with no restrictions on that individual's use of the money or property.

        (3) The term "obligation" means an established duty,

    whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment.

        (4) The term "material" means having a natural

    tendency to influence, or be capable of influencing, the payment or receipt of money or property.

    (c) Exclusion. This Section does not apply to claims, records, or statements made under the Illinois Income Tax Act.

(Source: P.A. 95-128, eff. 1-1-08; 96-1304, eff. 7-27-10.)

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Last modified: February 18, 2015